Special Rules on the Labor Protection of Female Employees(2012)

Where an employer violates Article 1 or Article 2 of the Annex to these Rules, the work safety administrative department of the people’s government at or above the county level shall order the employer to make corrections within a prescribed time limit, and impose a fine of not less than 1,000 yuan but not more than 5,000 yuan on the employer for each female worker whose right has been infringed upon. Where an employer violates Article 3 or Article 4 of the Annex to these Rules, the work safety administrative department of the people’s government at or above the county level shall order the employer to undertake treatment within a prescribed time limit, and impose a fine of not less than 50,000 yuan but not more than 300,000 yuan on the employer; and if the circumstances are serious, order the employer to cease the relevant operations, or request the relevant people’s government to order a shutdown in light of the powers granted by the State Council.

Article 14 Where an employer violates these Rules by infringing upon the legitimate rights and interests of any female employee, such female employee may file a complaint, report or appeal pursuant to law, file a mediation and arbitration application with the institution in charge of the mediation and arbitration of labor and personnel disputes and, where unsatisfied with the arbitration award, file a lawsuit with the people’s court pursuant to law.

Article 15 Where an employer violates these Rules by infringing upon the legitimate rights and interests of any female employee and causing damage to the female employee, the employer shall make compensation pursuant to law; and where the employer or the person directly in charge of it or any directly liable person commits a crime, the liable person shall be subject to criminal liability pursuant to law.

Article 16 These Rules shall come into force on the date of issuance. The Provisions on the Labor Protection of Female Employees issued by the State Council on July 21, 1988 shall be abolished concurrently.

Annex: Scope of Prohibited Labor for Female Employees

I. Scope of prohibited labor for female employees

1. working in a mine well;

2. labor of Grade IV physical labor intensity as prescribed in the Classified Standard of Labor Intensity at Physical Work; and

3. work bearing a load of 20 kilograms or more each time, six times or more each hour, or discontinuously bearing a load of 25 kilograms or more each time.

II. Scope of prohibited labor for female employees during the menstrual period

1. Grade II, Grade III and Grade IV work in low-temperature water as prescribed in the Classification of Work in Low-Temperature Water;

2. Grade II, Grade III and Grade IV work in low-temperature environment as prescribed in the Classification of Work in Low-Temperature Environment;

3. labor of Grade III and Grade IV physical labor intensity as prescribed in the Classified Standard of Labor Intensity at Physical Work; and

4. Grade III and Grade IV work at heights as prescribed in the Classification of Work at Heights.

5. working in low-temperature water as prescribed in the Classification of Work in Low-Temperature Water;

6. working in low-temperature environment as prescribed in the Classification of Work in Low-Temperature Environment;

7. doing Grade III and Grade IV work in high-temperature environment as prescribed in the Classification of Work in High Temperature Environment;

8. doing Grade III and Grade IV work under which employees are exposed to noise as prescribed in the Classification of Work of Employees Being Exposed to Noise;

9. engaging in labor of Grade III and Grade IV physical labor intensity as prescribed in the Classified Standard of Labor Intensity at Physical Work; and

10. working in enclosed spaces or at a high-pressure chamber or conducting diving operations, work accompanied by strong vibrations, or engaging in operations that require frequent bowing, climbing or crouching.

IV. Scope of prohibited labor for female employees during the lactation period

1. items (1), (3) and (9) of the scope of prohibited labor for female employees during the pregnancy period;

2. working at places where the concentration of manganese, fluorine, bromine, methyl alcohol, organic phosphorus compounds, organochlorine compounds or any other toxic substance in air exceeds the national occupational health standards.

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  Source: ACFTU  2014-08-26

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